October 7, 2015, Introduced by Senators SCHUITMAKER, BRANDENBURG, JONES, HILDENBRAND and BIEDA and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209,
3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807,
700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104
as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173,
section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as
amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and
sections 3614 and 3701 as amended by 2006 PA 299, and by adding
sections 3206a and 3206b; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1104. As used in this act:
(a) "Environmental law" means a federal, state, or local law,
rule, regulation, or ordinance that relates to the protection of
the environment or human health.
(b) "Estate" includes the property of the decedent, trust, or
other person whose affairs are subject to this act as the property
is originally constituted and as it exists throughout
administration. Estate also includes the rights described in
sections 3805, 3922, and 7606 to collect from others amounts
necessary to pay claims, allowances, and taxes.
(c) "Exempt property" means property of a decedent's estate
that is described in section 2404.
(d) "Family allowance" means the allowance prescribed in
section 2403.
(e) "Fiduciary" includes, but is not limited to, a personal
representative, guardian, conservator, trustee, plenary guardian,
partial guardian, and successor fiduciary.
(f) "Financial institution" means an organization authorized
to do business under state or federal laws relating to a financial
institution and includes, but is not limited to, a bank, trust
company, savings bank, building and loan association, savings and
loan company or association, credit union, insurance company, and
entity that offers mutual fund, securities brokerage, money market,
or retail investment accounts.
(g) "Foreign personal representative" means a personal
representative appointed by another jurisdiction.
(h) "Formal proceedings" means proceedings conducted before a
judge with notice to interested persons.
(i) "Funeral establishment" means that term as defined in
section 1801 of the occupational code, 1980 PA 299, MCL 339.1801,
and the owners, employees, and agents of the funeral establishment.
(j) "Funeral representative" means an individual designated to
have the right and power to make decisions about funeral
arrangements and the handling, disposition, or disinterment of a
decedent's body, including, but not limited to, decisions about
cremation, and the right to possess cremated remains of the
decedent as provided in section 3206.
(k) "Funeral representative designation" means a written
document executed and with the effect as described in sections 3206
to 3206b.
(l) (j)
"General personal
representative" means a personal
representative other than a special personal representative.
(m) (k)
"Governing instrument"
means a deed; will; trust;
funeral representative designation; insurance or annuity policy;
account with POD designation; security registered in beneficiary
form (TOD); pension, profit-sharing, retirement, or similar benefit
plan; instrument creating or exercising a power of appointment or a
power of attorney; or dispositive, appointive, or nominative
instrument of any similar type.
(n) (l) "Guardian"
means a person who has qualified as a
guardian of a minor or a legally incapacitated individual under a
parental or spousal nomination or a court appointment and includes
a limited guardian as described in sections 5205, 5206, and 5306.
Guardian does not include a guardian ad litem.
(o) (m)
"Hazardous substance"
means a substance defined as
hazardous or toxic or otherwise regulated by an environmental law.
(p) (n)
"Heir" means, except as
controlled by section 2720, a
person, including the surviving spouse or the state, that is
entitled under the statutes of intestate succession to a decedent's
property.
(q) (o)
"Homestead allowance"
means the allowance prescribed
in section 2402.
Sec. 2801. (1) An individual who is divorced from the decedent
or whose marriage to the decedent has been annulled is not a
surviving spouse unless, by virtue of a subsequent marriage, he or
she is married to the decedent at the time of death. A decree of
separation that does not terminate the status of husband and wife
is not a divorce for purposes of this section.
(2) For purposes of parts 1 to 4 of this article and of
section 3203, a surviving spouse does not include any of the
following:
(a) An individual who obtains or consents to a final decree or
judgment of divorce from the decedent or an annulment of their
marriage, which decree or judgment is not recognized as valid in
this state, unless they subsequently participate in a marriage
ceremony purporting to marry each to the other or live together as
husband and wife.
(b) An individual who, following an invalid decree or judgment
of divorce or annulment obtained by the decedent, participates in a
marriage ceremony with a third individual.
(c) An individual who was a party to a valid proceeding
concluded by an order purporting to terminate all marital property
rights.
(d) An individual who, at the time of the decedent's death, is
living in a bigamous relationship with another individual.
(e) An individual who did any of the following for 1 year or
more before the death of the deceased person:
(i) Was willfully absent from the decedent spouse.
(ii) Deserted the decedent spouse.
(iii) Willfully neglected or refused to provide support for
the decedent spouse if required to do so by law.
(3) For purposes of section 3206, a surviving spouse does not
include either of the following:
(a) An individual described in subsection (2).
(b) An individual who is a party to a divorce or annulment
proceeding with the decedent at the time of the decedent's death.
Sec. 2803. (1) An individual who feloniously and intentionally
kills or who is convicted of committing abuse, neglect, or
exploitation with respect to the decedent forfeits all benefits
under this article with respect to the decedent's estate, including
an intestate share, an elective share, an omitted spouse's or
child's share, a homestead allowance, a family allowance, and
exempt property. If the decedent died intestate, the decedent's
intestate estate passes as if the killer or felon disclaimed his or
her intestate share.
(2) The felonious and intentional killing or the conviction of
the felon for the abuse, neglect, or exploitation of the decedent
does all of the following:
(a) Revokes all of the following that are revocable:
(i) Disposition or appointment of property made by the
decedent to the killer or felon in a governing instrument.
(ii) Provision in a governing instrument conferring a general
or nongeneral power of appointment on the killer or felon.
(iii) Nomination of the killer or felon in a governing
instrument, nominating or appointing the killer or felon to serve
in a fiduciary or representative capacity, including a personal
representative, executor, funeral representative, trustee, or
agent.
(b) Severs the interests of the decedent and killer or felon
in property held by them at the time of the killing, abuse,
neglect, or exploitation as joint tenants with the right of
survivorship, transforming the interests of the decedent and killer
or felon into tenancies in common.
(c) Bars the killer or felon from exercising a power under
section 3206(1).
(3) A severance under subsection (2)(b) does not affect a
third party interest in property acquired for value and in good
faith reliance on an apparent title by survivorship in the killer
or felon unless a writing declaring the severance has been noted,
registered, filed, or recorded in records appropriate to the kind
and
location of the property that are relied upon, on, in
the
ordinary course of transactions involving that type of property, as
evidence of ownership.
(4) A provision of a governing instrument is given effect as
if the killer or felon disclaimed all provisions revoked by this
section
or, in the case of for a revoked nomination in a fiduciary
or representative capacity, as if the killer or felon predeceased
the decedent.
(5) A killer's or felon's wrongful acquisition of property or
interest
not covered by this section shall must be treated in
accordance with the principle that a killer or felon cannot profit
from his or her wrong.
(6) After all right to appeal has been exhausted, a judgment
of conviction establishing criminal accountability for the
felonious and intentional killing or the abuse, neglect, or
exploitation of the decedent conclusively establishes the convicted
individual as the decedent's killer or as a felon, as applicable,
for purposes of this section. With respect to a claim of felonious
and intentional killing, in the absence of a conviction, the court,
upon
on the petition of an interested person, shall
determine
whether, under the preponderance of evidence standard, the
individual would be found criminally accountable for the felonious
and intentional killing of the decedent. If the court determines
that, under that standard, the individual would be found criminally
accountable for the felonious and intentional killing of the
decedent,
the determination conclusively establishes that the
individual as the decedent's killer for purposes of this section.
(7) This section does not apply if the forfeiture, revocation,
or severance would occur because of abuse, neglect, or exploitation
and the decedent executed a governing instrument after the date of
the conviction expressing a specific intent to allow the felon to
inherit or otherwise receive the estate or property of the
decedent.
Sec. 2807. (1) Except as provided by the express terms of a
governing instrument, court order, or contract relating to the
division of the marital estate made between the divorced
individuals before or after the marriage, divorce, or annulment,
the divorce or annulment of a marriage does all of the following:
(a) Revokes all of the following that are revocable:
(i) A disposition or appointment of property made by a
divorced individual to his or her former spouse in a governing
instrument and a disposition or appointment created by law or in a
governing instrument to a relative of the divorced individual's
former spouse.
(ii) A provision in a governing instrument conferring a
general or nongeneral power of appointment on the divorced
individual's former spouse or on a relative of the divorced
individual's former spouse.
(iii) A nomination in a governing instrument, nominating a
divorced individual's former spouse or a relative of the divorced
individual's former spouse to serve in a fiduciary or
representative capacity, including, but not limited to, a personal
representative, executor, funeral representative, trustee,
conservator, agent, or guardian.
(b) Severs the interests of the former spouses in property
held by them at the time of the divorce or annulment as joint
tenants with the right of survivorship, transforming the interests
of the former spouses into tenancies in common.
(c) Bars the former spouse from exercising a power under
section 3206(1).
(2) A severance under subsection (1)(b) does not affect a
third-party interest in property acquired for value and in good
faith reliance on an apparent title by survivorship in the survivor
of the former spouses unless a writing declaring the severance has
been noted, registered, filed, or recorded in records appropriate
to
the kind and location of the property that are relied upon, on,
in the ordinary course of transactions involving that type of
property, as evidence of ownership.
(3) Each provision of a governing instrument is given effect
as if the former spouse and relatives of the former spouse
disclaimed
all provisions revoked by this section or, in the case
of
for a revoked nomination in a fiduciary or
representative
capacity, as if the former spouse and relatives of the former
spouse died immediately before the divorce or annulment.
(4) Each provision revoked solely by this section is revived
by the divorced individual's remarriage to the former spouse or by
a nullification of the divorce or annulment.
(5) No change of circumstances other than as described in this
section and in sections 2803 to 2805, 2808, and 2809 causes a
revocation.
Sec. 3206. (1) Subject to 1953 PA 181, MCL 52.201 to 52.216,
part 28 and article 10 of the public health code, 1978 PA 368, MCL
333.2801 to 333.2899 and 333.10101 to 333.11101, and subsection
(11),
(12), a funeral
representative designated under subsection
(2),
a person with priority under subsections
(2) to (4) (3) to (5)
or
a person acting under subsection (5), (6), (7), or (8), or (9)
is presumed to have the right and power to make decisions about
funeral arrangements and the handling, disposition, or disinterment
of a decedent's body, including, but not limited to, decisions
about cremation, and the right to retrieve from the funeral
establishment and possess cremated remains of the decedent
immediately after cremation. The handling, disposition, or
disinterment
of a body shall must be under the supervision of a
person licensed to practice mortuary science in this state.
(2) Subject to this subsection and the priority in subsection
(3), an individual 18 years of age or older who is of sound mind at
the time a funeral representative designation is made may designate
in writing another individual who is 18 years of age or older to
have the rights and powers under subsection (1). All of the
following apply to a funeral representative designation under this
subsection:
(a) For purposes of this section and sections 3206a and 3206b,
an individual who is named in a funeral representative designation
to have the rights and powers described in subsection (1) is known
as a funeral representative and an individual who makes a funeral
representative designation is known as a declarant.
(b) The following individuals may not act as a funeral
representative for the declarant unless the individual is described
under subsection (3)(c) or is a relative of the declarant:
(i) A health professional, or an employee of or volunteer at a
health facility or veterans facility, who provided medical
treatment or nursing care to the declarant during the final illness
or immediately before the declarant's death.
(ii) An officer or employee of a funeral establishment that
will provide services.
(iii) An officer or employee of a cemetery at which the
declarant's body will be interred, entombed, or inurned.
(iv) An officer or employee of a crematory that will provide
cremation services.
(c) A funeral representative designation under this subsection
must be executed in the presence of and signed by 2 witnesses. If a
funeral representative designation is contained in an individual's
will, the will is not required to be admitted to probate for the
funeral representative designation to be valid.
(3) (2)
The following have the rights and powers under
subsection (1) in the following order of priority:
(a) If the decedent was a service member, a person designated
to direct the disposition of the service member's remains according
to a statute of the United States or regulation, policy, directive,
or instruction of the Department of Defense.
(b) A funeral representative designated under subsection (2).
(c)
The surviving spouse. or,
if there is no surviving spouse,
the
(d) Subject to subdivision (e), the individual or individuals
18
years of age or older , in the highest order of priority under
section
2103, and related to the decedent in the closest degree of
consanguinity,
have the rights and powers under subsection (1).in
the following order of priority:
(i) The decedent's children.
(ii) The decedent's grandchildren.
(iii) The decedent's parents.
(iv) The decedent's siblings.
(e) If an individual described in subdivision (d) has
exercised the right to dispose of the decedent's body under
subsection (1), another individual described in subdivision (d)
with a higher priority than the individual who exercised that right
does not have the right to make a decision about the disinterment
of the decedent's body or possession of the decedent's cremated
remains.
(4) (3)
If the surviving spouse or If
the individual or
individuals with the highest priority as determined under
subsection
(2) do not exercise their rights or powers under
subsection
(1) or (3) cannot be located after a good-faith effort
to contact and inform them of the decedent's death, affirmatively
decline to exercise their rights or powers under subsection (1), or
fail to exercise their rights or powers under subsection (1) within
48 hours after receiving notification of the decedent's death, the
rights and powers under subsection (1) may be exercised by the
individual or individuals in the same order of priority under
section 2103 who are related to the decedent in the next closest
degree of consanguinity. If the individual or each of the
individuals in an order of priority as determined under this
subsection similarly does not exercise his or her rights or powers
or cannot be located, the rights or powers under subsection (1)
pass to the next order of priority, with the order of priority
being determined by first taking the individuals in the highest
order of priority under section 2103 and then taking the
individuals related to the decedent in the closest or, as
applicable, next closest degree of consanguinity in that order of
priority. For purposes of this subsection only, "exercise their
rights or powers under subsection (1)" means notifying the funeral
establishment in possession of the decedent's body of an
individual's decision or instructions as to the final disposition
of the decedent's body.
(5) (4)
If 2 or more individuals share the
rights and powers
described
in subsection (1) as determined under subsection (2) or
(3) or (4), the rights and powers shall be exercised as decided by
a majority of the individuals who can be located after reasonable
efforts. If a majority cannot agree, any of the individuals may
file a petition under section 3207.
(6) (5)
If no individual described in
subsections (2) and (3)
and (4) exists, exercises the rights or powers under subsection
(1), or can be located after a sufficient attempt as described in
subsection
(9), (10), and if subsection (6) (7) does
not apply,
then the personal representative or nominated personal
representative may exercise the rights and powers under subsection
(1), either before or after his or her appointment.
(7) (6)
If no individual described in
subsections (2) and (3)
and (4) exists, exercises the rights or powers under subsection
(1), or can be located after a sufficient attempt as described in
subsection
(9), (10), and if the decedent was under a guardianship
at the time of death, the guardian may exercise the rights and
powers under subsection (1) and may make a claim for the
reimbursement of burial expenses as provided in section 5216 or
5315, as applicable.
(8) (7)
If no individual described in subsections
(2) and (3)
and (4) exists, exercises the rights or powers under subsection
(1), or can be located after a sufficient attempt as described in
subsection
(9), (10), if the decedent died intestate, and if
subsection
(6) (7) does not apply, a special fiduciary appointed
under section 1309 or a special personal representative appointed
under section 3614(c) may exercise the rights and powers under
subsection (1).
(9) (8)
If there is no person under
subsections (2) (3) to (7)
(8) to exercise the rights and powers under subsection (1), 1 of
the following, as applicable, shall exercise the rights and powers
under subsection (1):
(a) Unless subdivision (b) applies, the county public
administrator ,
if willing, or the medical examiner
for the county
where the decedent was domiciled at the time of his or her death.
If the county public administrator declines or fails to act, the
medical examiner shall exercise the rights and powers under
subsection (1).
(b) If the decedent was incarcerated in a state correctional
facility at the time of his or her death, the director of the
department of corrections or the designee of the director.
(10) (9)
An attempt to locate a person
described in subsection
(2)
or (3) or (4) is
sufficient if a reasonable attempt is made in
good faith by a family member, personal representative, or
nominated personal representative of the decedent to contact the
person at his or her last known address, telephone number, or
electronic mail address.
(11) (10)
This section does not void or
otherwise affect an
anatomical gift made under part 101 of the public health code, 1978
PA 368, MCL 333.10101 to 333.10123.
(11)
If all of the following apply, subsections (2) to (8) do
not
apply and the designated person has the rights and the powers
under
subsection (1):
(a)
The decedent was a service member who designated a person
to
direct disposition of the service member's remains according to
a
statute of the United States or a regulation, policy, directive,
or
instruction of the department of defense.
(b)
The designated person is the surviving spouse, an adult
blood
relative, or an adoptive relative of the decedent or, if the
surviving
spouse, an adult blood relative, or an adoptive relative
of
the decedent cannot be found, a person standing in loco
parentis.
(c)
The designated person is able and willing to exercise the
rights
and powers enumerated in subsection (1).
(12) An individual who has been criminally charged with the
intentional killing of the decedent shall not exercise a right
under subsection (1) while the charges are pending.
(13) Except as otherwise provided in this subsection, a person
who has the rights and powers under subsection (1) and who
exercises the right over the disposition of the decedent's body
must ensure payment for the costs of the disposition through a
trust, insurance, a commitment by another person, a prepaid
contract under the prepaid funeral and cemetery sales act, 1986 PA
255, MCL 328.211 to 328.235, or other effective and binding means.
To the extent payment is not ensured under this subsection, the
person described in this subsection is liable for the costs of the
disposition. This subsection does not apply to a person who
exercises the rights and powers under subsection (1) as provided in
subsection (8) or (9).
(14) (12)
As used in this section:
(a) "Armed forces" means that term as defined in section 2 of
the veteran right to employment services act, 1994 PA 39, MCL
35.1092.
(b) "Health facility" means that term as defined in section
5653 of the public health code, 1978 PA 368, MCL 333.5653.
(c) "Health professional" means that term as defined in
section 5883 of the public health code, 1978 PA 368, MCL 333.5883.
(d) "Medical treatment" means that term as defined in section
5653 of the public health code, 1978 PA 368, MCL 333.5653.
(e) (b)
"Michigan national
guard" National
Guard" means that
term as defined in section 105 of the Michigan military act, 1967
PA 150, MCL 32.505.
(f) (c)
"Nominated personal
representative" means a person
nominated to act as personal representative in a will that the
nominated person reasonably believes to be the valid will of the
decedent.
(g) (d)
"Service member" means a
member of the armed forces, a
reserve
branch of the armed forces, or the Michigan national
guard.National Guard.
Sec. 3206a. (1) A declarant may designate in the funeral
representative designation a successor individual as a funeral
representative who may exercise the rights and powers described in
section 3206(1) if the first individual named as funeral
representative does not accept, is incapacitated, resigns, or is
removed.
(2) Before acting as a funeral representative, the proposed
funeral representative must sign an acceptance of the funeral
representative designation.
(3) The authority under a funeral representative designation
is exercisable by a funeral representative only after the death of
the declarant.
(4) Except as provided in the funeral representative
designation, a funeral representative shall not delegate his or her
powers to another individual.
(5) On request of the funeral establishment, the funeral
representative shall provide a copy of the funeral representative
designation to the funeral establishment.
Sec. 3206b. A funeral representative designation is revoked by
1 or more of the following:
(a) Unless a successor funeral representative has been
designated, any of the following:
(i) The funeral representative's resignation.
(ii) The funeral representative cannot be located after
reasonable efforts by the decedent's family or funeral
establishment.
(iii) The funeral representative refuses to act within 48
hours after receiving notice of the decedent's death.
(b) The declarant's revocation of the funeral representative
designation. A declarant may revoke a funeral representative
designation at any time and in any manner by which he or she is
able to communicate an intent to revoke the funeral representative
designation.
(c) A subsequent funeral representative designation that
revokes the prior funeral representative designation either
expressly or by inconsistency.
Sec.
3207. (1) If there is a disagreement as described in
section
3206(4) or if 1 or more of the individuals described in
section
3206(2) or (3) cannot be located, 1 One or more of the
following
may petition the court to determine who has the authority
to
exercise the rights and powers under section 3206(1):resolve a
disagreement described in section 3206(5) or rebut the presumption
under section 3206(1):
(a) An individual with the rights and powers under section
3206(1).
(b) A funeral establishment that has custody of the decedent's
body.
(c) An individual other than a person with priority under
section 3206(3) to (5) or acting under section 3206(6), (7), (8),
or (9).
(2) Venue for a petition filed under subsection (1) is in the
county in which the decedent was domiciled at the time of death.
(3) On receipt of a petition under this section, the court
shall set a date for a hearing on the petition. The hearing date
shall
must be as soon as possible, but not later than 7
business
days after the date the petition is filed. Notice of the petition
and
the hearing shall must be served not less than 2 days before
the date of the hearing on every individual who has highest
priority
as determined under section 3206(2) and (3), 3206(3) and
(4), unless the court orders that service on every such individual
is not required. Unless an individual cannot be located after a
reasonable good-faith effort has been made to contact the
individual,
service shall must be made on the individual personally
or in a manner reasonably designed to give the individual notice.
Notice
of the hearing shall must include notice of the individual's
right to appear at the hearing. An individual served with notice of
the hearing may waive his or her rights. If written waivers from
all persons entitled to notice are filed, the court may immediately
hear the petition. The court may waive or modify the notice and
hearing requirements of this subsection if the decedent's body must
be disposed of promptly to accommodate the religious beliefs of the
decedent or his or her next of kin.
(4) If a funeral establishment is the petitioner under this
section, the funeral establishment's actual costs and reasonable
attorney
fees in bringing the proceeding shall must be included in
the reasonable funeral and burial expenses under section 3805(1)(b)
or the court may assess such costs and fees against 1 or more
parties or intervenors.
(5) In deciding a petition brought under this section, the
court shall consider all of the following, in addition to other
relevant factors:
(a) The reasonableness and practicality of the funeral
arrangements or the handling or disposition of the body proposed by
the person bringing the action in comparison with the funeral
arrangements or the handling or disposition of the body proposed by
1 or more individuals with the rights and powers under section
3206(1).
(b) The nature of the personal relationship to the deceased of
the person bringing the action compared to other individuals with
the rights and powers under section 3206(1).
(c) Whether the person bringing the action is ready, willing,
and able to pay the costs of the funeral arrangements or the
handling or disposition of the body.
(d) Whether the decedent executed a funeral representative
designation under section 3206(2) or a designation described in
section 3206(3)(a).
(e) If the decedent was married at the time of his or her
death, whether the decedent's spouse was physically and emotionally
separated from the decedent at the time of his or her death and had
been separated for a period of time that clearly demonstrates an
absence of due affection, trust, and regard between the spouse and
the decedent.
(6) Before the court makes a decision under subsection (5),
and if refrigeration is not reasonably available, the funeral
establishment that has custody of the decedent's body may embalm
the decedent's body.
Sec. 3209. (1) A funeral establishment is not required to file
a petition under section 3207 and is not civilly liable for not
doing
so.filing a petition under
section 3207.
(2)
The A funeral
establishment may rely on the designation
of
a funeral representative under section 3206(2), the designation of
a
person as described in section 3206(11)
or 3206(3)(a), the order
of
priority determined under section 3206(2) and (3) may be relied
upon
by a funeral establishment. 3206(3)
and (4), or a court order
under section 3207 that determines who may exercise the rights and
powers under section 3206(1). A funeral establishment is not a
guarantor that a person exercising the rights and powers under
section
3206(1) has the legal authority to do so. exercise those
rights and powers. A funeral establishment does not have the
responsibility to contact or independently investigate the
existence of relatives of the deceased, but may rely on information
provided by family members of the deceased or by a person other
than a family member that the funeral establishment reasonably
believes knows the existence or location of the relatives of the
deceased or the funeral representative. As used in this subsection,
"information" includes, but is not limited to, an affirmation that
reasonable efforts to contact the individual or individuals with
the rights and powers under section 3601(1) and to inform the
individual or individuals of the death have been made without
success.
(3) A funeral establishment, holder of a license to practice
mortuary science issued by this state, cemetery, or crematory, or
an officer or employee of a funeral establishment, holder of a
license to practice mortuary science issued by this state,
cemetery,
or crematory may rely on the terms of sections 3206 and
3207 and this section and the instructions of a person described in
section
3206(2) to (8) or (11), or of an individual determined in
an
action under section 3208 to be the party to exercise the rights
and
powers under section 3206(1), (9)
or a person that the court
determines under section 3207 has rights and powers under section
3206(1) regarding funeral arrangements and the handling,
disposition, or disinterment of a body and is not civilly liable to
any person for the reliance if the reliance was in good faith.
Sec. 3614. A special personal representative may be appointed
in any of the following circumstances:
(a) Informally by the register on the application of an
interested person if necessary to protect the estate of a decedent
before the appointment of a general personal representative or if a
prior appointment is terminated as provided in section 3609.
(b) By the court on its own motion or in a formal proceeding
by court order on the petition of an interested person if in either
case, after notice and hearing, the court finds that the
appointment is necessary to preserve the estate or to secure its
proper administration, including its administration in
circumstances in which a general personal representative cannot or
should not act. If it appears to the court that an emergency
exists, the court may order the appointment without notice.
(c) By the court on its own motion or on petition by an
interested person to supervise the disposition of the body of a
decedent
if section 3206(7) 3206(8)
applies. The duties of a
special personal representative appointed under this subdivision
shall
must be specified in the order of appointment and may
include
making arrangements with a funeral home, securing a burial plot if
needed,
obtaining veteran's or pauper's funding where if
appropriate, and determining the disposition of the body by burial
or cremation. The court may waive the bond requirement under
section 3603(1)(a). The court may appoint the county public
administrator if the county public administrator is willing to
serve. If the court determines that it will not be necessary to
open an estate, the court may appoint a special fiduciary under
section 1309 instead of a special personal representative to
perform duties under this section.
Sec. 3701. A personal representative's duties and powers
commence
upon on appointment. A personal representative's powers
relate back in time to give acts by the person appointed that are
beneficial to the estate occurring before appointment the same
effect as those occurring after appointment. Subject to sections
3206
to 3208, 3207, before or after appointment, a person named as
personal representative in a will may carry out the decedent's
written instructions relating to the decedent's body, funeral, and
burial arrangements. A personal representative may ratify and
accept an act on behalf of the estate done by another if the act
would have been proper for a personal representative.
Enacting section 1. Section 3208 of the estates and protected
individuals code, 1998 PA 386, MCL 700.3208, is repealed.